TaxTMI 
TaxTMI 
2002 (2) TMI 28
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....stion: "Whether, on the facts and in the circumstances of these cases, the Appellate Tribunal erred in law in setting aside the matters to the Assessing Officer with directions that no disallowances were to be made under section 43B of the Income-tax Act, 1961, of Rs. 6,570, Rs. 5,303, Rs. 24,672 and Rs. 13,459, if such payments had been made on or before the due date applicable for furnishing of....
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....unal. This issue has now been concluded by the Supreme Court in the case of Allied Motors (P.) Ltd. v. CIT [1997] 224 ITR 677. At pages 686 and 687, their Lordships observed as under: "This view has been accepted by a number of High Courts. In the case of CIT v. Chandulal Venichand [1994] 209 ITR 7, the Gujarat High Court has held that the first proviso to section 43B is retrospective and sales ....
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....otor Accessories Stores v. Union of India [1991] 189 ITR 70. It has held the amendment inserting first proviso to be retrospective. The special leave petition from this decision of the Patna High Court was dismissed. The view of the Delhi High Court, therefore, that the first proviso to section 43B will be available only prospectively does not appear to be correct. As observed by G.P. Singh in his....